Fmr. SWAT boss mounts legal challenge to reverse Special leave

Former Head of the Special Weapons and Tactics (SWAT) Unit, Motie Dookie has moved to the High Court to challenge a decision to send him on Special Leave, on the grounds that it is “unconstitutional” and “whimsical”.

Dookie is also claiming that the Police Commissioner (ag) does not possess the authority to discipline him in any way.

Dookie, who is embroiled in controversy after he was found with a large quantity of smuggled alcohol in December 2017, was reassigned to a senior position in the Police Force’s ‘A’ Division after being sent on administrative leave.

However, he was again sent on Special Leave on May 21 by Citizenship Minister Winston Felix who was at the time performing the duties of Public Security Minister.

The reason for the Special Leave was listed as “In the Public Interest.”

Minister of Public Security, Khemraj Ramjattan subsequently said he had preferred Dookie remain on the job but did not reverse the decision.

In court documents seen by News Room, Police Commissioner (ag), David Ramnarine is the first Respondent in the case with the second being Attorney General, Basil Williams.

Dookie in his legal challenge, claims that prior to receiving the letter on May 21, he was not offered an opportunity to provide any explanation, or to offer reasons for not being sent on Special Leave.

According to the court documents, “the first named Respondent (Acting Police Commissioner, David Ramnarine) has no authority whatsoever to exercise any discipline, supervision, or sanction over a Police Officer of my rank and standing.”

Dookie is seeking a Writ of Certiorari quashing the decision on the grounds that it is “unconstitutional, capricious, whimsical, irrational, based upon irrelevant and extraneous considerations, contrary to the rules of natural justice, unreasonable unlawful, null, void and of no effect.”

He is also asking the court to order the Police Commissioner (ag) to pay his costs incurred.

The application to the court is made on the grounds that the Police Service Commission is the sole and exclusive authority vested with the power to discipline officers of the Guyana Police Force in accordance with Article 212 (1) of the Constitution of the Co-operative Republic of Guyana.

The application was made by Attorneys-at-Law, Mohabir Anil Nandlall, Manoj Narayan, Sasha S. Mahadeo-Narayan, Rajendra R. Jaigobin & Anuradha Deodasingh on behalf of the client.

The matter has been fixed for July 14, 2018, before Justice Fidela Corbin-Lincoln.